Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION Nos. 04-24-00341-CV, 04-24-00342-CV, 04-24-00343-CV, 04-24-00345-CV, 04-24-00346-CV, 04-24-00347-CV, 04-24-00348-CV, 04-24-00349-CV, 04-24-00350-CV, 04-24-00351-CV, 04-24-00352-CV, 04-24-00353-CV, 04-24-00354-CV, 04-24-00355-CV
IN THE MATTER OF E.F.F.
From the 289th Judicial District Court, Bexar County, Texas Trial Court Nos. 2023JUV01163, 2023JUV01164, 2023JUV01165, 2023JUV01168, 2023JUV01187, 2023JUV01188, 2023JUV01189, 2023JUV01190, 2023JUV01191, 2023JUV01201, 2023JUV01202, 2023JUV01203, 2023JUV01204, 2024JUV00075 Honorable Rose Sosa, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Lori Massey Brissette, Justice
Delivered and Filed: July 31, 2024
DISMISSED FOR WANT OF JURISDICTION
On April 9, 2024, the Juvenile District Court signed orders in fourteen causes waiving its jurisdiction and transferring the juvenile to a criminal district court for criminal proceedings. See TEX. FAM. CODE ANN. § 54.02(a); In re J.C.W.G., 613 S.W.3d 560, 568 (Tex. App.—San Antonio 2020, no pet.). In each cause, the trial court’s order states the following:
This Court has informed the Respondent, [E.F.F.], and his attorney [who represented him at the hearing] orally and in this Order that the Respondent, [E.F.F.], may immediately appeal this Order under Family Code section 56.01, and the appeal is accelerated under Texas Rules of Appellate Procedure 28.1.
We note that these appeals are accelerated, and they have “precedence over all other cases.” TEX. FAM. CODE ANN. § 56.01(h); see TEX. R. APP. P. 28.4(a)(1), (a)(2)(C).
04-24-00341-CV, 04-24-00342-CV, 04-24-00343-CV, 04-24-00345-CV, 04-24-00346-CV, 04-24-00347-CV, 04- 24-00348-CV, 04-24-00349-CV, 04-24-00350-CV, 04-24-00351-CV, 04-24-00352-CV, 04-24-00353-CV, 04-24- 00354-CV, 04-24-00355-CV
Appellant’s notices of appeal were due on April 29, 2024. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file notices of appeal was due on May 14, 2024. See TEX. R. APP. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
On May 16, 2024, the Juvenile District Court rescinded its order appointing the attorney who represented the juvenile at the hearing and appointed an appellate attorney to represent the juvenile. See TEX. FAM. CODE ANN. § 51.101.
On May 17, 2024, the appellate attorney filed a notice of appeal on behalf of the juvenile in each cause, but to date, no motion for extension of time to file a notice of appeal has been filed.
On May 22, 2024, because Appellant’s notices of appeal appeared to be untimely, we ordered Appellant to show cause in writing by June 3, 2024, why these appeals should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 26.1, 42.3(a); Verburgt, 959 S.W.2d at 617 (“[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court’s jurisdiction.”); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (“A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction.”). We warned Appellant that if he failed to respond within the time provided, these appeals would be dismissed. See TEX. R. APP. P. 42.3(c).
On June 7, 2024, Appellant responded to this court’s show cause order. He asserts that the last sentence of Texas Family Code section 56.01(b) negates the jurisdictional deadline for filing a notice of appeal relating to the order transferring a juvenile for prosecution as an adult. Section 56.01(b) reads in pertinent part as follows:
The requirements governing an appeal are as in civil cases generally. When an appeal is sought by filing a notice of appeal, security for costs of appeal, or an affidavit of inability to pay the costs of appeal, and the filing is made in a timely fashion after the date the disposition order is signed, the appeal must include the juvenile court adjudication and all rulings contributing to that adjudication. An
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04-24-00341-CV, 04-24-00342-CV, 04-24-00343-CV, 04-24-00345-CV, 04-24-00346-CV, 04-24-00347-CV, 04- 24-00348-CV, 04-24-00349-CV, 04-24-00350-CV, 04-24-00351-CV, 04-24-00352-CV, 04-24-00353-CV, 04-24- 00354-CV, 04-24-00355-CV
appeal of the adjudication may be sought notwithstanding that the adjudication order was signed more than 30 days before the date the notice of appeal, security for costs of appeal, or affidavit of inability to pay the costs of appeal was filed.
TEX. FAM. CODE ANN. § 56.01(b) (emphasis added).
Appellant, however, has taken this sentence out of context. See In re J.C.H., Jr., 12 S.W.3d 561, 562 (Tex. App.—San Antonio 1999, no pet.).
According to In re J.C.H., a 1999 opinion from our court, “[t]his language is the product of a 1997 amendment to the Family Code to permit review of adjudication issues even though the adjudication occurred more than 30 days prior to the disposition of sentence.” Id. In this case, the juvenile court has not adjudicated E.F.F.
We therefore hold that a notice of appeal from a juvenile transfer order perfected under Texas Rule of Appellate Procedure 28.1(b) must be filed timely within the time allowed by Rule 26.1 or as extended by Rule 26.3. See TEX. R. APP. P. 26.1, 26.3. Because Appellant did not do so, we dismiss these appeals for want of jurisdiction. See TEX. FAM. CODE ANN. § 56.01(b); TEX. R. APP. P. 42.3(a).
PER CURIAM
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